Terms of Service

OVERVIEW

Welcome to CHACHALAB! The terms “we,” “us” and “our” refer to CHACHALAB. CHACHALAB operates this online store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the “Services”). CHACHALAB is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions set out below, together with all policies referred to herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you have reached the age of majority in your state, province or country of residence and that you have given us your consent for any minor dependants under your care to use the Services on devices that you own, have purchased or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment details and delivery address. You represent and warrant that all information you provide in our store is accurate, current and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities carried out through your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online store. However, please note that the colours and appearance of products may differ from how they appear on your screen, depending on the device you use to access the store and its settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to the appearance or quality of products and services displayed or provided in our online store.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person or within any geographical area or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you make an offer to purchase. CHACHALAB reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until CHACHALAB confirms its acceptance. We must receive and process your payment before accepting your order.

Please review your order carefully before submitting it, as CHACHALAB may not be able to accommodate cancellation requests once an order has been accepted.

If we do not accept, modify or cancel an order, we will attempt to notify you by contacting you at the email address, billing address and/or telephone number provided when placing the order.

Purchases may be returned or exchanged only in accordance with our Return Policy.

You represent and warrant that your purchases are intended for personal or household use and not for resale or export for commercial purposes.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email. Unless expressly stated otherwise, the listed prices do not include taxes, shipping, handling, customs duties or import charges.

Prices displayed in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotional campaigns relating to the Services that affect pricing and are subject to separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotional terms will prevail.

For all purchases made through our store, you agree to provide current, complete and accurate purchase, payment and account information. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that: (i) the credit card information you provide is true, accurate and complete; (ii) you are duly authorised to use the credit card for the purchase; (iii) the charges incurred will be honoured by your credit card issuer; and (iv) you will pay all charges incurred at the prices stated, including shipping and handling charges and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance or events beyond our control.

Ownership of the products and the risk of loss pass to you once the products have been handed over to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and their design, selection and arrangement, are the property of CHACHALAB, its affiliates or its licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store or transmit any material from the Services or create derivative works from such material.

Except as expressly provided in these Terms, nothing herein grants you any licence or other rights under any patent, trademark, copyright or other intellectual property right of CHACHALAB, Shopify or any third party, nor shall anything be interpreted as granting such rights.

Unauthorised use of the Services may violate federal, state or other intellectual property laws. All rights not expressly granted herein are reserved by CHACHALAB.

The names CHACHALAB, our logos, product and service names, designs and slogans are trademarks of CHACHALAB, its affiliates or its licensors. You may not use these trademarks without the prior written consent of CHACHALAB.

The name Shopify, its logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools through the Services. We do not monitor, control or have input into these tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We accept no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms under which the relevant third parties provide these tools.

We may introduce new features through the Services in the future, including new tools and resources. Such features will also form part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of materials or websites operated by third parties that you choose to visit. If you leave the Services to access such materials or websites, you do so at your own risk.

We are not liable for any damage or loss related to your access to third-party websites or your purchase or use of products, services, resources or content available on third-party websites.

Please carefully review the third party's policies and procedures before entering into any transaction and ensure that you understand them. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

CHACHALAB is powered by Shopify, which enables us to provide the Services. However, any sales and purchases made through our store are conducted directly between you and CHACHALAB.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and CHACHALAB, including any injury, damage or loss arising from the products or services purchased.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages and liabilities arising from your purchases and transactions with CHACHALAB.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you.

Information you submit through the Services will be transferred to and shared with Shopify and third parties, including parties located in countries other than your country of residence, where necessary to provide the Services.

Please read our Privacy Policy for further information about how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes.

We may use these rights, for example, to operate, provide, evaluate, expand, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any rewards or incentives received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms.

We are not and will not be obligated to (1) maintain the confidentiality of any Feedback; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property rights or violates these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malicious software that could affect the operation of the Services or any related website.

You must not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We accept no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information within or relating to the Services may contain typographical errors, inaccuracies or omissions concerning product descriptions, prices, promotions, offers, shipping charges, delivery times or availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate, without prior notice, including after an order has been submitted.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You must not access or use the Services, directly or indirectly:

(a) for any unlawful or fraudulent purpose; (b) to violate any international, federal, national, provincial, state or local law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any of our employees or any other person, or to cause harm to them; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or arrange the sending of advertising or promotional material, including unsolicited mail, chain letters, spam or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that we believe may harm CHACHALAB, Shopify or users of the Services or expose them to liability.

You also agree not to:

(a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services, related websites, other websites or the internet.

If we determine that you have violated any part of these Terms, we reserve the right to suspend, deactivate or terminate your account at any time without prior notice.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at any time without prior notice and at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.

The following sections will remain in effect after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information presented within or through the Services is provided for general informational purposes only. We do not warrant its accuracy, completeness or usefulness. Any reliance on such information is at your own risk.

We disclaim all liability arising from any reliance on such materials by you, any other visitor to the Services or anyone who may have been informed of their content.

EXCEPT AS EXPRESSLY STATED BY CHACHALAB, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES. THEREFORE, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHACHALAB, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.

THIS ALSO INCLUDES ERRORS OR OMISSIONS IN ANY CONTENT AND ANY LOSS OR DAMAGE ARISING FROM THE USE OF ANY CONTENT OR PRODUCT PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless CHACHALAB, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable legal fees payable to a third party, arising out of or relating to:

(1) your breach of these Terms of Service or any documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.

We will notify you of any claim subject to indemnification. Failure to provide prompt notice will not release you from your obligations unless you suffer material prejudice as a result.

We may manage the defence and settlement of such a claim at your expense, including the selection of legal counsel. However, we will not settle any claim that requires you to undertake non-monetary obligations without your consent, which must not be unreasonably withheld.

You agree to cooperate in the defence of any indemnified claim, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable part will be deemed severed from these Terms, and this determination will not affect the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules published by us on this website or in connection with the Services, constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, including any previous versions of these Terms of Service.

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be void.

We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with the Services shall be governed by and interpreted in accordance with the laws applicable in the jurisdiction where CHACHALAB is established.

You and CHACHALAB agree to the venue and personal jurisdiction of the competent courts in that jurisdiction, subject to any mandatory legal provisions that apply.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by publishing updates and changes on our website. You are responsible for checking our website periodically for changes.

We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services after any changes to these Terms of Service have been published constitutes acceptance of those changes, to the extent permitted by applicable law.

SECTION 24 – ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMERS (ADR)

Consumers have the right to contact the seller with a request for remedy if they are dissatisfied with the way the seller has handled their complaint or believe that the seller has violated their rights.

If the seller rejects the consumer's request or fails to respond within 30 days from the date the request was sent, the consumer may have the right to submit a proposal to initiate alternative dispute resolution (ADR) under Slovak Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, subject to the applicable legal requirements.

The competent alternative dispute resolution body is:

Slovak Trade Inspection Authority (SOI)
Central Inspectorate
Bajkalská 21/A
827 99 Bratislava
Slovak Republic

Website:
https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi

Consumers may also have access to other dispute resolution mechanisms available under applicable law.

SECTION 25 – CONTACT INFORMATION

If you have any questions about these Terms of Service, you can contact us using the following details:

Business name: ChaChaLab s. r. o.
Registered address: Karpatské námestie 10A, 831 06 Bratislava, Slovak Republic
Telephone: +421 948 524 620
Email: obchod@chachalab.sk

Company ID (IČO): 57020591
Tax ID (DIČ): 2122533655
VAT ID (IČ DPH): SK2122533655